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I was the victim of a hit in run the driver was accused of dwi after the police caught him. what action do i take?

Havelock, NC |

I was inside a pool hall when I was told my car was hit, and the person took off. The damage was quite extensive and when they caught the driver he was charged with dwi. What steps do I need to take to get the most out of this inconvenient situation?

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Attorney answers 4


You appear to have a property damage claim. If there is collision coverage on your vehicle, you can file a claim with your insurance and they will go after the other company for repayment (subrogation).

You can also contact the other driver's insurance carrier to have your vehicle repairs paid.

I am admitted to practice in New York State. I am not admitted in any other states.


The other answer is correct. I often recommend people contact the liability carrier (other driver's insurance) first, however, even if they have collision coverage so that you do not have to pay your deductible.

This information is provided for general purposes only and should not be construed as legal advice. No attorney-client relationship is created with the furnishing of this advice. Attorney licensed in North Carolina only.


You can contact both insurance companies and see which gives you the better deal. Keep in mind that if you go through your insurance company you have to temporarily eat your deductible until they recover the full amount from the at fault driver’s insurance, at which time you get the deductible back.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


File a claim against the driver's insurance carrier or, if he is not insured, file the claim under your own coverage. If there is no insurance anywhere, your next option would be to sue the individual.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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